Course:Law3020/2014WT1/Group O

Alberta v Elder Advocates of Alberta Society

Flag of Alberta [1]

Introduction

This Wiki page will provide a general overview of the case of Alberta v Elder Advocates of Alberta Society. The Case Brief will follow and at the bottom of the page you will find links to the pages that relate the facts of this case to different legal theorists.

Issues

1. Whether the disputed claims disclose a cause of action, assuming the facts pleaded to be true?
2. Whether principles of fiduciary duty applicable to private actors apply to governments?
3. Whether government owed fiduciary duty to patients?
4. Whether government breached s.15(1) (equality) of the Charter?

The Links Below Lead to the Different Theoretical Treatments

black|Legal Perspectives		black|Philosophers
	Natural Law	Thomas Aquinas
	Legal Positivism	John Austin, HLA Hart, Jeremy Bentham, Joseph Raz
	Separation Theory	HLA Hart, Ron Fuller
	System of Rights	Ronald Dworkin
	Liberty and Paternalism	John Stuart Mill and Gerald Dworkin
	Law as Efficiency	Susan Dimock
	Feminist Jurisprudence	Patricia Smith and Catharine Mackinnon